Schnader Harrison Segal & Lewis LLP

1600 Market Street Suite 3600
Philadelphia, PA 19103-7286, United States

  • 215-751-2000

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state…more

Arbitration, Mandatory Arbitration Clauses

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Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania with Cook County, Illinois (Just Yet)

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County, Illinois,…more

Airlines, Forum, Forum Non Conveniens

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Supreme Court Invalidates Aereo’s Streaming Service, Finding Existing Copyright Law Applies to the New Technology of Internet Retransmission of Television Signals

The recent rapid development of the Internet and other new modes of communication has raised significant questions about whether existing copyright laws adequately protect the rights of content creators. On June 25, 2014,…more

ABC, ABC v Aereo, Broadcasting, Copyright, Copyright Infringement

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Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions

On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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FAQ: Making Wage Deductions to Recover Inadvertent Overpayment of Wages and Repayment of Advances to Employees

Can I make deductions from employee wages to recover overpayment of wages or repayment of advances given to my employees? When? How? These are questions that arise often for many employers. Until last year, such wage…more

Advances, Deductions, DOL, Employer Liability Issues, Overpayment

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Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions

On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of…more

Debt, Re-Characterization

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Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain circumstances…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

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The City of Philadelphia Passes Two Bills Affecting Taxes on Nonprofits

The City of Philadelphia (the “City”) recently adopted two bills related to the revenue the City generates from nonprofit organizations. In its summary statement on tax reform regarding nonprofits, the City states that these…more

Charitable Organizations, Local Ordinance, Municipalities, Non-Profits, Tax Reform

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Eligibility for Reimbursement from the Underground Storage Tank Indemnification Fund Cannot Be Determined on a Per Tank Basis

On June 17, 2013, the Pennsylvania Supreme Court in Young’s Sales and Service v. Underground Storage Tank Indemnification Board, reversed a decision of the Commonwealth Court and held that eligibility for indemnification for…more

Eligibility, Indemnification, Reimbursements, Standards & Procedures, Storage Tanks

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14 Labor & Employment Resolutions For 2014

Our government managed to reach a deal to avoid another government shutdown. And so, while our tax refunds will continue to be processed and parks remain open, it is that time of year again — the time to review and reflect on…more

Affordable Care Act, Bring Your Own Device, Compliance, Criminal Background Checks, DOMA

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Big Win For Employers: NJ Supreme Court Affirms Limits on Employee Whistleblower Actions

Employers benefit from a New Jersey Supreme Court decision finding that a former employee cannot maintain a whistleblower claim absent a reasonable belief that the employer violated a law, rule, or regulation. Such claims must…more

Whistleblower Protection Policies, Whistleblowers

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Recent Supreme Court Decision Highlights Some Pitfalls of Federal Appellate Procedure

Rarely do dissenting Justices advise practitioners to ignore a majority opinion. But, because the five-Justice majority in Genesis Healthcare Corp. v. Symczyk, No. 11- 1059, 569 U.S. __ (2013), assumed without deciding an issue…more

Collective Actions, FLSA, Genesis Healthcare Corp. v. Symczyk, Mootness, SCOTUS

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Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman v…more

Class Certification, Federal Rules of Civil Procedure, Filing Deadlines

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New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to "Medical Monitoring?"

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled…more

Healthcare, Medical Monitoring

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Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability cases…more

Breach of Contract, Economic Loss Doctrine, Loss Coverage, Professional Service Exclusion, Settlement

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Doing Good While Doing Well — Delaware Is the 19th State to Adopt Public Benefit Corporation Law

A new Delaware law authorizing the creation of public benefit corporations (“PBCs”) in Delaware becomes effective on August 1, 2013. PBCs are a new type of socially conscious for profit corporation intended to operate in a…more

Business Formation, Corporate Social Responsibility, Public Benefit Corporation

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The "Effective Vindication" Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant

On June 20, 2013, the U.S. Supreme Court, in American Express Co. v. Italian Colors Restaurant, No. 12- 133, held that the Federal Arbitration Act (FAA) requires courts to enforce a contractual waiver of class action procedures…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

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Superior Court Affirms Dismissal of Paxil Birth Defect Case Lacking Proximate Causation

In its March 4, 2013 non-precedential decision in Pettit v. GlaxoSmithKline, LLC, No. 850 EDA 2012, the Pennsylvania Superior Court (applying Ohio law) affirmed an order of Philadelphia Court of Common Pleas Judge Sandra Mazer…more

Birth Defects, Paxil, Pharmaceutical, Prescription Drugs

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Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It ruled…more

Disclosure Requirements, Lenders, Mortgages, Notice Requirements, Rescission

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Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of Copyrighted Materials

On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc. v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of…more

Books, Copyright, Fair Use

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Recent Pennsylvania Superior Court Decision Highlights Importance of Objections to Preserving Issues for Appellate Review

The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial. The Superior Court’s April…more

Appeals, Asbestos, Asbestos Litigation, Objection Procedures

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Nonprofit Law Revitalization Comes to New York

On December 18, 2013, New York Governor Andrew Cuomo signed into law the Nonprofit Revitalization Act of 2013 which modernizes the New York nonprofit corporation law. The Act overwhelmingly passed both houses of the New York…more

Andrew Cuomo, Audits, Board of Directors, Conflicts of Interest, Corporate Governance

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Delaware Adopts the 2010 Article 9 Amendments

Requirements for financing statements to be filed in Delaware will change on July 1, 2013 with the adoption of the 2010 Amendments to Article 9 of the UCC. On May 3, 2013, with the signing of HB8 by Governor Jack…more

Creditors, Debtors, Default, New Legislation, Safe Harbors

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Attorneys' Fees Provisions: Not a Blank Check to Overreach

In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise…more

Attorney's Fees, Fee Agreements, Terms and Conditions

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Texas Plaintiff Takes Another Swing at the "Baseball Rule"

For many, excitement at the ballpark includes the possibility, however remote, of a batted ball heading into the awaiting throngs in the stands. Because this is considered an ordinary part of the game that fans expect, if not…more

Bodily Injury, Liability, Sports, The Baseball Rule

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US Department of Education Levies More Fines for Clery Act Violations

President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address…more

Clery Act, Colleges, Department of Education, DOJ, Rape

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Doing Good While Doing Well — Delaware Is the 19th State to Adopt Public Benefit Corporation Law

A new Delaware law authorizing the creation of public benefit corporations (“PBCs”) in Delaware becomes effective on August 1, 2013. PBCs are a new type of socially conscious for profit corporation intended to operate in a…more

Business Formation, Corporate Social Responsibility, Public Benefit Corporation

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Action Needed by March 31, 2014 to Avoid Proposed Changes to New York Estate Taxes and Trust Income Taxes

If Governor Cuomo’s proposals are enacted, New Yorkers and non-residents with property located in New York may be facing new taxes this April Fools’ Day. - New York Estate Tax First, the good news — under the proposal:…more

Estate Planning, Estate Tax, Income Taxes, Trust Income, Trusts

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California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged…more

Bank of America, Bank of America v Pendergrass, Borrowers, Commercial Loans, Foreclosure

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The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?

When a plaintiff seeks certification of a class, the issue of whether the class is “ascertainable” has become an increasingly significant battleground issue in class certification proceedings. While not explicitly set out in…more

Class Action, Class Certification, Consumer Fraud, Rule 23

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Supreme Court Confirms That Merits Decisions Are Final and Appealable Even When Contractual Fees Remain Unresolved

The U.S. Supreme Court has provided much-needed clarity and uniformity on the issue of whether contractual attorney’s fees are a part of a merits decision for the purposes of determining timeliness of a federal appeal. Ray…more

Appeals, Attorney's Fees, Final Judgment, Litigation Fees & Costs, Ray Haluch Gravel v International Union of Operating Engineers

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Aftermarket Competitors Given a Boost by the Supreme Court

The Supreme Court of the United States recently decided that a supplier of replacement parts to printer remanufacturers can rely on U.S. Trademark Law to maintain a suit for unfair competition. In what began as a copyright…more

Copyright, Copyright Infringement, Lanham Act, Lexmark v Static Control Components, Manufacturers

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Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman v…more

Class Certification, Federal Rules of Civil Procedure, Filing Deadlines

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Resolving Legal Disputes in the United States: Litigation, Arbitration or Mediation

As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S…more

Arbitration, Mediation

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The American Taxpayer Relief Act of 2012 and What It Means to You

On Jan. 2, 2013, President Obama signed the “American Taxpayer Relief Act of 2012” (the “Act”) which was passed by the House and Senate the previous day to avoid the so-called “fiscal cliff.” The Act prevents many of the tax…more

Alternative Minimum Tax, American Taxpayer Relief Act, Business Taxes, Capital Gains, Dividends

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Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of…more

Debt, Re-Characterization

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Extension of Time to Appeal May Not Be Available When a Party Has Failed Adequately to Monitor Events in a Case

If you do not learn of a federal trial court’s dispositive order until more than 30 days after the order’s entry, can you still appeal? A recent decision in Texas instructs that the answer may be “No.” In Two-Way Media, LLC v…more

E-Filing, Rules of Civil Procedure, Time Extensions

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US Department of Education Levies More Fines for Clery Act Violations

President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address…more

Clery Act, Colleges, Department of Education, DOJ, Rape

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Eleventh Circuit Affirms that Waiting Too Long to Raise an Arbitration Agreement’s Delegation Clause Waives the Right to Have the Arbitrator Decide Issues of Arbitrability

The United States Court of Appeals for the Eleventh Circuit recently confirmed that waiting too long to raise an arbitration agreement’s delegation clause waives the right to ask the court to send threshold questions of…more

Arbitration, Arbitration Agreements, Waivers

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Data Breach - Your Organization Needs a Plan

The Privacy Rights Clearinghouse’s Chronology of Data Breaches lists 3,671 incidents affecting 607,295,463 records since 2005,1 including these three: - A worker steals customer records containing credit card, bank…more

Breach Notification Rule, Data Breach, Data Protection, Security and Privacy Controls, Training

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Affirmative Business Litigation in the United States and in Other Countries

For a long time, businesses have thought of litigation as a burden, requiring many hours of employee time responding to discovery requests, as well as often incurring significant legal fees and other related costs. Consequently,…more

Multidistrict Litigation

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain circumstances…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

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In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter Jurisdiction

In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action…more

Attorney Malpractice, Operating Agreements, Patent Applications, Patents, Subject Matter Jurisdiction

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Third Circuit Holds that Consumers are Not Required to Seek Validation of a Debt before Filing Suit under the FDCPA

On June 26, 2014, in McLaughlin v. Phelan Hallinan & Schmieg, LLP, the Third Circuit held that a consumer is not required to seek validation of a debt he believes is inaccurately described in a debt collection communication…more

Debt, Debt Collection, FDCPA

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Exceptions in Pennsylvania Orphans' Court Not Necessary to Preserve Weight-of-the-Evidence Claim on State-Court Appeal

In a unanimous en banc decision, the Superior Court of Pennsylvania held on November 12 in In re Estate of William O. Smaling, No. 3353 EDA 2011, that filing exceptions to a Pennsylvania Orphans’ Court order is not necessary to…more

Appeals, Estate Planning, Evidence, Orphan's Courts

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Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania with Cook County, Illinois (Just Yet)

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County, Illinois,…more

Airlines, Forum, Forum Non Conveniens

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Texas Plaintiff Takes Another Swing at the "Baseball Rule"

For many, excitement at the ballpark includes the possibility, however remote, of a batted ball heading into the awaiting throngs in the stands. Because this is considered an ordinary part of the game that fans expect, if not…more

Bodily Injury, Liability, Sports, The Baseball Rule

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Extension of Time to Appeal May Not Be Available When a Party Has Failed Adequately to Monitor Events in a Case

If you do not learn of a federal trial court’s dispositive order until more than 30 days after the order’s entry, can you still appeal? A recent decision in Texas instructs that the answer may be “No.” In Two-Way Media, LLC v…more

E-Filing, Rules of Civil Procedure, Time Extensions

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"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court Rejection of ATSA Immunity

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress…more

Air Wisconsin v. Hoeper, Airlines, ATSA, Defamation, First Amendment

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Are You Ready for Philadelphia's October 31, 2013 Building Benchmarking Deadline?

In 2012, the City of Philadelphia enacted Section 9-3402 of the Philadelphia Code. The new section requires annual reporting of energy usage, water usage, and other attributes for all buildings in the City with more than 50,000…more

Building Codes, Building Standards, ENERGY STAR Program, EPA, Municipalities

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FFIEC Proposes Guidance for Use of Social Media by Banks

The primary bank regulatory agencies, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the…more

Banks, FFIEC, Marketing, Social Media

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Supreme Court Holds That Solicitation of Clients is Not a Permitted Use Under the Driver's Privacy Protection Act

On June 19, 2013, in Maracich v. Spears, No. 12-25, the Supreme Court of the United States issued an opinion interpreting the Driver’s Privacy Protection Act (the DPPA), which prohibits the use of personal information from motor…more

DPPA, Driving Records, General Solicitation, Maracich v. Spears, Motor Vehicles

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Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions

On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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PA Supreme Court to Address Confusion Concerning the Statute of Limitations Governing Guaranties

On November 21, 2011, the Pennsylvania Superior Court filed an opinion in Osprey Portfolio, LLC v. Izett, 2011 Pa. Super. 248, holding that a suit to enforce a guaranty is subject to the 20 year statute of limitations applicable…more

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Senate Finance Committee Considering Measure to Largely Repeal IRC Section 530 Safe Harbor for Most Businesses Using Independent Contractors

Sen. Sherrod Brown (D.Ohio) reintroduced the “Fair Playing Field Act,” S.1706, in November 2013. The bill, which first appeared in 2010 under then-Senator John Kerry’s sponsorship, purports to close an ostensible loophole in the…more

Employer Liability Issues, Independent Contractors, IRS, Misclassification, Proposed Legislation

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New Jersey's New Leave Law – SAFE Act – Took Effect October 1. Is Your Company Ready?

On October 1, 2013, absent any extensions, New Jersey’s Security and Financial Empowerment Act (NJ SAFE Act) went into effect. Here are a few questions and answers to help you understand and comply with the NJ SAFE…more

Domestic Violence, SAFE Act, Sexual Assault, Unpaid Leave

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Lift of Prohibition on Same-Sex Marriages in Pennsylvania Provides New Estate Planning Opportunities

On May 20, 2014, in the case of Whitewood v. Wolf, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania struck down Pennsylvania’s ban on same-sex marriages. Like many of the rulings…more

Estate Planning, Estate Tax, Marriage, Same-Sex Marriage

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Third Circuit Rejects New Jersey's Effort to Sanction Sports Wagering

Tony Soprano’s business is safe, for now — the Third Circuit recently invalidated New Jersey’s attempt to legalize sports wagering because it violated a federal law that prohibits most states from licensing such activities. In…more

Gambling, PASPA, Sports, Sports Betting

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Clarifying Media Reports Regarding Maryland Law and Causation in Asbestos Exposure Cases

It has been recently reported in Law360 that the Court of Appeals of Maryland, in Dixon v. Ford Motor Co., No. 82, 2013 Md. LEXIS 465 (Md. July 25, 2013), broke with established precedent and endorsed the “any exposure” theory…more

Asbestos, Asbestos Litigation, Causation, Media, Toxic Exposure

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Consider Taking These Actions Before March 16, 2013, The Effective Date of New U.S. Patent Laws

Eighteen months after enactment of patent reform via the Leahy-Smith America Invents Act, important new provisions of U.S. patent law will become effective on March 16, 2013. Inventors, their employers, and other owners of…more

America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patent Reform

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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • New Jersey
  • New York
Number of Attorneys

100+ Attorneys

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